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Proposed Soviet Constitutional Reform Document 02
Preamble. The purpose. To include normal rights for Supreme Court Judges including rights to be members of political organisations. Safeguards against beach of neutrality in declarations of interests. There are few such restrictions in any country. The other change is the ability for judges to appoint temporary judges. It becomes obvious when these might be required when reading the document. No other significant changes have been made except clarification of language, simplification of procedure and hopefully the covering of all bases. A constitution is a living breathing document that must predict all possibilities and cater for all questions. I hope this satisfies and improves on the existing. ARTICLE 4. The Soviet Supreme Court (Supreme Court) ARTICLE 4.1 Function. The Supreme Court is the institution responsible for the administration of justice and enforcement of Soviet Federation (The Federation) common and statutory law. ARTICLE 4.2 Jurisdiction. Membership of the Federation and it's institutions. ARTICLE 4.3 Independence The Supreme Court is independent of the Premier, his (her) executive and Council influence. The Supreme Court is neutral in all it's dealings. ARTICLE 4.4 Responsibilities The Supreme Court responsibilities include but are not limited to matters of INQUIRY and REVIEW. 4.4.1 Lead or Head Judge. This is a technical judicial appointment referring to the lead judge in a case. The appointment is agreed between the judges and is always a permanent judge. The judges name will form the name of the inquiry or review. 4.4.2 Case Categories The two classes are JUDICIAL REVIEWS and JUDICIAL INQUIRIES and they can be based on any matter. 4.4.3 A judicial review examines evidence but cannot call individuals as witnesses. Only judges may attend review proceedings. 4.4.4 Judicial or Public Inquiries have the power to examine evidence and subpoena witnesses. Attendance is mandatory for subpoenaed witnesses. 4.4.4.1 Any individual may watch an inquiry BUT is DISALLOWED from contributing to the proceedings if the individual has no legal obligation to be there. ARTICLE 4.5 - Premier's Inquiries The Premier may call a Judicial Inquiry into any matter relating to or that affects the Federation. 4.5.1 the Premier may not call a Judicial Review. ARTICLE 4.6 Review Outcomes The outcome of a Judicial review will result in what is known as a Mandatory Review Report (MRR) that is published to the membership, entitled after the formal name of the case, the title Mandatory Review Report and accompanied with the year of publish. The mandatory review report can either result in the case being acquitted or being advanced into a judicial inquiry that can carry sentencing if required. ARTICLE 4.7 Inquiry Outcomes The outcome of a Judicial Inquiry will result in what is known as a Mandatory Inquiry Report (MIR) that is published to the membership, entitled in the following convention - the formal name of the case, the title Mandatory Inquiry Report and accompanied with the year of publication. The Mandatory Inquiry Report can either result in the case being acquitted or sentencing for whichever party or individual involved according to the findings. ARTICLE 4.8 Federation voting. The Supreme Court is also responsible for the conduct of Premier and Council elections, referenda and any other democratic elections and votes as determined from time to time by the Premier his executive and/or Council in accordance with the constitution, referred to as polls. 4.8.1 A judge must volunteer to conduct polls in the Federation. 4.8.2 The judge will establish and communicate the poll to all persons eligible to vote detailing the nature of the poll. This will include eligible voters, time period for receipt of votes, communicating the voting method, and detailing the electoral system including number of votes to cast per eligible voter. 4.8.3 The judge will declare results as soon as practicable, time is of the essence. 4.8.4 Judges should be mindful of time zones including their own when determining the start and end of a poll. ARTICLE 4.9 Membership of the Supreme Court The Supreme Court will consist of two elected permanent judges. In addition to permanent judges, the permanent judges may elect temporary judges. There cannot be fewer than two judges at any time. ARTICLE 4.10 Election of Permanent Supreme Court Judges 4.10.1 Candidates. Candidates may put themselves forward to the Court for election. Candidates may enjoy all aspects of Federation Citizenship including the holding of political party membership and affiliations to political parties. Candidates may not be a member of Council or the Executive. Candidates must be a member of the Federation. 4.10.2 Candidates are elected on the first past the post system. The first one or two candidates winning the highest number of votes is elected dependent on whether one or two places are being filled. 4.10.3 The term is for life subject to resignation or outside challenge. If judges are challenged, they must resign so they can run in the election, but not before the appointment of the necessary temporary judges. ARTICLE 4.11 Judges are to be neutral in all their dealings. ARTICLE 4.12 Temporary Judges 4.12.1 Purpose. Temporary judges may be appointment when a court judge is challenged for his or her position and resigns, prior to resignation the temporary judge must be appointed as stated, the same is true if two are necessary. Temporary judges may be appointees to assist in complex cases or where there is a conflict of interest. 4.12.2 The Supreme Court Judges may appoint temporary judges. 4.12.3 Candidates for temporary judges must fulfil the same criteria in 4.7.1 and may be appointed even if they have just completed a term as a temporary or permanent judge. 4.12.4 Candidates are selected by Permanent Supreme Court Judges and must be elected by them unanimously. 4.12.5 Term. Temporary for the matter at hand, or until dismissal by a Permanent Judge whichever is the earlier. Extension of appointment is not possible. 4.12.6 Powers. Temporary Judges hold the same powers and responsibilities as Permanent Judges for their term, bar the power to appoint temporary judges. ARTICLE 4.13. Declaration of interests and conflicts. 4.13.1 Anyone acting as a judge whether permanent or temporary, must declare interests and conflicts. 4.13.2 Permanent judges must lodge a permanent document in court papers and keep it up to date detailing interests, such as memberships whether political or not. It is most important any conflicts are noted prior to any hearing, referendum or election. 4.13.3 Temporary judges must also adhere to section 4.13.2 but only when appointed. 4.13.4 Retention of Documents Permanent judges declarations are permanent and the court must retain them in perpetuity. Temporary judges papers may only be retained by the court for the period of service. Following the period of service the papers must be destroyed. ARTICLE 4.14 Decisions Decisions of the Supreme Court must be unanimous. Category:Soviet Federation Category:Soviet Legislation